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CITY OF BURBANK v. LOCKHEED AIR TERMINAL, INC.

No. 71-1637.

411 U.S. 624 (1973)

CITY OF BURBANK ET AL. v. LOCKHEED AIR TERMINAL, INC., ET AL.

Supreme Court of United States.

Decided May 14, 1973.

Attorney(s) appearing for the Case

Richard L. Sieg, Jr., argued the cause for appellants. With him on the briefs was Samuel Gorlick.

Warren Christopher argued the cause for appellees. With him on the briefs was Ralph W. Dau.

Deputy Solicitor General Friedman argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Griswold, Assistant Attorney General Wood, Andrew L. Frey, and John W. Barnum. Nicholas C. Yost, Deputy Attorney General, argued the cause for the Attorney General of California as amicus curiae urging reversal. With him on the brief were Evelle J. Younger, Attorney General, pro se, Jay L. Shavelson, Assistant Attorney General, and Larry C. King, Deputy Attorney General.*

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The Court in Cooley v. Board of Wardens, 12 How. 299, first stated the rule of pre-emption which is the critical issue in the present case. Speaking through Mr. Justice Curtis, it said:

"Now the power to regulate commerce, embraces a vast field, containing not only many, but exceedingly various subjects, quite unlike in their nature; some imperatively demanding a single uniform rule, operating...

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